EXCLUSIONS
The Insurer shall not be liable to make any payment for Loss in connection with any Claim based upon, arising out of, directly or indirectly resulting from, in consequence of, or in any way involving:

1. any Wrongful Act, fact, circumstance or situation that has been the subject of any notice given prior to the effective date of this Policy under any insurance policy; or any other Wrongful Act which would constitute Interrelated Wrongful Acts that has been the subject of such notice described in the preceding clause.
2. any actual or alleged Wrongful Act that occurred or began prior to the Retroactive Date specified in Item 6 of the Declarations, if applicable.
3. any pending or prior litigation, investigation or administrative proceeding in which an Insured was named as a party on or before the Pending and Prior Litigation Date in Item 6 of the Declarations, if applicable, as well as all future claims or litigation based upon, arising out of or in any way involving any such pending or prior litigation, investigation or administrative preceding or derived from one or more of the facts (actual or alleged) that gave rise to such prior or pending litigation, investigation or administrative proceeding.
4. an Insured’s assumption of another person or entity’s liability for a Wrongful Act in a contract or agreement, except to the extent that such Insured would have been liable in the absence of the contract or agreement.
5. any actual or alleged Wrongful Act by a Subsidiary if such Wrongful Act occurred prior to the date such entity became a Subsidiary of the Company or at any time that such entity is not a Subsidiary of the Company.
6. any actual or alleged act, omission, misstatement, misleading statement, neglect, error or breach of duty committed or alleged to have been committed in the capacity as an employee, agent, owner, director or officer of, or on behalf of, any entity other than the Company.
7. any actual or alleged: bodily injury, sickness, disease or death of any person (not including emotional distress or mental anguish); damage to or destruction of any tangible property, including loss of use thereof; or wrongful entry, eviction, malicious prosecution.
8. any actual or alleged violation of the Employee Retirement Income Security Act of 1974 (“ERISA”), any state workers’ compensation or disability benefits law, the Fair Labor Standards Act (except the Equal Pay Act), the National Labor Relations Act, the Worker Adjustment and Retraining Notification Act, the Consolidated Omnibus Budget Reconciliation Act of 1985, the Occupational Safety and Health Act, or any rules or regulations promulgated thereunder, or similar provisions of any federal, state or local statutory law or common law; provided that this exclusion shall not apply to the part of any Employment Claim alleging Retaliation with respect to an Employee’s exercise or attempted exercise of his or her rights under any of the foregoing acts or laws.
9. any lockout, strike, picket line, replacement of worker(s) or any similar action in connection with labor disputes or labor negotiations, provided that this exclusion shall not apply to the part of any Employment Claim alleging Retaliation.
10. for a Third-Party Claim, any actual or alleged price, product or credit discrimination, unfair trade practice, violation of any anti-trust law, or violation of any similar law designed to protect competition or prevent unfair trade practices.